Approval in urgent circumstances or for minor works
32 Approval in urgent circumstances or for minor works
A person may apply to the decision-maker in relation to a protected tree for approval for an activity that would or may—
damage the protected tree; or
be prohibited groundwork in—
the protection zone for the protected tree; or
a declared site.
The application may be made orally or in writing.
However, if the application is made orally, the applicant must make a written application as soon as practicable after the oral application is made.
The decision-maker may approve the activity if satisfied that—
the circumstances require the application to be considered urgently; and
the activity is necessary to protect the health or safety of people or animals, or public or private property.
The decision-maker may also approve an activity that is, or may be, major pruning or prohibited groundwork in the protection zone for a protected tree if the decision-maker is satisfied the activity will have little or no adverse impact on the health or stability of the tree.
The decision-maker must give notice of a decision on the application to the applicant as soon as practicable after making the decision.
The notice may be given orally or in writing but the decision‑maker must make a written record of any notice given orally as soon as practicable after giving it.
The approval may be given subject to conditions stated in the approval.
If the application relates to a heritage tree, the decision-maker must give written notice of the approval to the heritage council.
Unless cancelled sooner, the approval has effect for the period stated in the approval.
In this section:
major pruning—see section 14 (3).
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.